DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7, 11-16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sigler (US PGPUB 2020/0094378, hereinafter “Sigler”). in view of MacKay (US PGPUB 2007/0141970, hereinafter “Mackay”).
Regarding claim 1, Sigler discloses
a magnetic device comprising:
a housing (defined as the outer structure of manual sander 10 [0053] figs 1A-1B shown below) comprising:
a first wall (defined as grip 14 [0058]) located opposite a second wall (defined as the bottom face adjacent to locking indentation 30 which is located opposite grip 14 as shown in annotated fig 4 below [0053]);
a first opening disposed through the first wall (defined as the uppermost opening of handle socket 33 (shown in annotated Fig 3 below) which as shown in fig 1A is through first wall 14 [0062]);
a first compartment (the region within the uppermost opening of handle socket 33), the first opening bordering the first compartment (because the region is within the first opening the region borders the first opening);
a flange disposed at an outer perimeter edge of an inner wall surface of the first compartment (the lip shown below in annotated fig 3 is at an outer edge of an inner wall of the first compartment) and disposed below the first opening to form a second opening (the lip is also below the first opening and forms a second opening shown below in annotated fig 3);
a second compartment (defined as region within lower opening of handle socket 33), the second opening bordering the second compartment (the region extends within the lip which therefore borders the lip); and
a third compartment adjacent to the second wall (third compartment shown in annotated fig 4 below as the interior space of the base of 33 which is adjacent to second wall 30);
an adjustable fastener (extension handle 40, fig 3) comprising:
a plate (eccentric knob 42 [0094]) with a first plate wall located opposite a second plate wall (first plate wall shown in annotated fig 3 below which is located opposite second plate wall shown in annotated fig 4 below), the plate is retained in the first compartment of the housing (42 is retained in the first compartment where attachment stem 46 connects with the second wall of 42);
a recess disposed at the first plate wall of the plate (recess of 42 shown in annotated fig 3 below);
a protruding structure extending from the second plate wall of the plate (attachment stem 46 extends from the second wall of 42 as seen in fig 4), the protruding structure partially retained in the second compartment (stem 46 is partially retained in the second compartment region of socket 33 [0094] and [0096]),
a retaining structure (abrasion base 12) comprising:
a compartment (foldable section retaining structure 29 [0074] Fig 1A); and
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one or more magnets retained in the compartment of the retaining structure ([0074] explains that 29 may include a magnet).
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Though Sigler discloses the retaining structure 12 is secured to the housing 11 (pp. [0067] and [0069]), Sigler is silent on the details of the attachment, such as the fastening method. Sigler also fails to disclose the protruding structure has a receiving chamber; and a track disposed at an inner wall surface of the receiving chamber of the protruding structure; and the retaining structure comprising a rod with a guide rail configured to rotatably engage with the track of the protruding structure.
Mackay is concerned with retaining structures involving abrasive pads and teaches a protruding structure (threaded end 28 extending from flange 54 Fig 2) having a receiving chamber (internal space of threaded end 28 [0017] Figs 1-2 shown below); and a track disposed at an inner wall surface of the receiving chamber of the protruding structure (the illustrated threads of 28 [0017] figs 1-2); and a rod with a guide rail (shank 26 has external threads that act as a guide rail [0017] figs 1-2) configured to rotatably engage with the track of the protruding structure (the external threads of 26 are configured to rotatably engage with the threads of 28 [0017]).
As stated prior, Sigler is silent on the attachment means for the housing and the retaining structure and further, discloses the protruding structure may be provided with other guiding structures ([0097]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the attachment means between the retaining structure and the housing, as disclosed in Sigler, to include a protruding structure with receiving chamber having an internal track at an inner wall surface and a rod with a guide rail within the retaining structure, as taught in Mackay, in order to rotatably secure the retaining structure to the housing during use while also providing the ability of the user to quickly and easily remove and mount the components together without the need for additional tools ([0006] and [0008] in Mackay). With Mackay modifying the magnetic device of Sigler, the final claim limitations are met: the protruding structure has a receiving chamber (the base of attachment stem 46 with the hollow threaded receiving chamber of Mackay’s 28); and a track disposed at an inner wall surface of the receiving chamber of the protruding structure (threads like that of Mackay’s 28 disposed at the inner wall surface of the receiving chamber of protruding structure 46); and a rod with a guide rail configured to rotatably engage with the track of the protruding structure (abrasion base 12 with the rod and thread of Mackay’s shank 26 inserted into a hole where 15 is located which would rotatably engage with the thread of the hollow receiving chamber of the protruding structure in stem 46).
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Regarding claim 2, Sigler, as modified, discloses the limitations of claim 1, as described above, and further discloses an abrasive element disposed at the second wall of the housing (sandpaper 50 is held at the bottom face of base and disposed at second wall via intermediate components [0040]).
Regarding claim 3, Sigler, as modified, discloses the limitations of claim 2, as described above, and further discloses the abrasive element composed of a layer of sandpaper disposed over a layer of adhesive ([0040] explains that the sandpaper may be held to the mounting surface by an adhesive).
Regarding claim 4, Sigler, as modified, discloses the limitations of claim 1, as described above, and further discloses surface indicia disposed at the first wall of the housing (defined as finger grooves 17 located on grip 14 [0060] Fig 1A; note, indicia was interpreted as distinctive marks).
Regarding claim 5, Sigler, as modified, discloses the limitations of claim 4, as described above, and further discloses the surface indicia is composed of one or more recesses (finger grooves 17 are recessed into the surface of grip 14 as shown in Fig 1A).
Regarding claim 6, Sigler, as modified, discloses the limitations of claim 1, as described above, and further discloses a sealing structure (Mackay; O-ring 60 [0019]) disposed between a portion of the protruding structure of the adjustable fastener and the second compartment (Mackay; O-ring 60 is disposed between a portion of the exterior of 28 and opening 58 as seen in figs 1-2 of MacKay).
Regarding claim 7, Sigler, as modified, discloses the limitations of claim 1, as described above, and further discloses the first wall has a radial curvature (As shown in figs 1A-1B, first wall 14 has a radial curvature [0060]).
Regarding claim 11, Sigler discloses
a magnetic device comprising:
a housing (defined as the outer structure of manual sander 10 [0053] figs 1A-1B shown above) comprising:
a first wall (defined as grip 14 [0058]) located opposite a second wall (defined as the bottom face adjacent to locking indentation 30 which is located opposite grip 14 as shown in annotated fig 4 below [0053]);
an adjustable fastener disposed at the first wall (extension handle 40 is disposed at the first wall 14 as shown in fig 3 via the connection between 33 and 46 discussed in [0094] and [0096]);
a retaining structure disposed at the second wall (abrasion base 12 is disposed at second wall 30)); and
one or more magnets retained in a compartment of the retaining structure ([0074] explains that 29 (which is part of retaining structure 12) may include a magnet).
Though Sigler discloses the retaining structure 12 is secured to the housing 11 (pp. [0067] and [0069]), Sigler is silent on the details of the attachment, such as the fastening method. Sigler also fails to disclose a portion of the retaining structure is configured to rotatably engage a portion of the adjustable fastener.
Mackay teaches a portion of the retaining structure with a portion configured to rotatably engage (shank 26 (portion of the retaining structure) has external threads that act to rotatably engage [0017] figs 1-2) with a portion of the adjustable fastener (internal space of threaded end 28 [0017] figs 1-2).
As stated prior, Sigler is silent on the attachment means for the housing and the retaining structure and further, discloses the protruding structure may be provided with other guiding structures ([0097]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the attachment means between the retaining structure and the housing, as disclosed in Sigler, to include a portion of the retaining structure that is configured to rotatably engage a portion of the adjustable fastener, as taught in Mackay, in order to rotatably secure the retaining structure to the housing during use while also providing the ability of the user to quickly and easily remove and mount the components together without the need for additional tools ([0006] and [0008] in Mackay). With Mackay modifying the magnetic device of Sigler, the final claim limitations are met: a portion of the retaining structure is configured to rotatably engage a portion of the adjustable fastener (abrasion base 12 with the rod and thread of Mackay’s shank 26 inserted into a hole where 15 is located which would rotatably engage with the thread of the hollow receiving chamber of the protruding structure in stem 46).
Regarding claim 12, Sigler, as modified, discloses the limitations of claim 11, as described above, and further discloses an abrasive element disposed at the second wall of the housing (sandpaper 50 is held at the bottom face of base 12 [0040]).
Regarding claim 13, Sigler, as modified, discloses the limitations of claim 12, as described above, and further discloses the abrasive element composed of a layer of sandpaper disposed over a layer of adhesive ([0040] explains that the sandpaper may be held to the mounting surface by an adhesive).
Regarding claim 14, Sigler, as modified, discloses the limitations of claim 11, as described above, and further discloses surface indicia disposed at the first wall of the housing (defined as finger grooves 17 located on grip 14 [0060] Fig 1A; note, indicia was interpreted as distinctive marks).
Regarding claim 15, Sigler, as modified, discloses the limitations of claim 14, as described above, and further discloses the surface indicia is composed of one or more recesses (finger grooves 17 are recessed into the surface of grip 14 as shown in Fig 1A).
Regarding claim 16, Sigler, as modified, discloses the limitations of claim 11, as described above, and further discloses a sealing structure (MacKay; O-ring 60 [0019]) disposed at a portion of the adjustable fastener (Mackay; O-ring 60 is disposed at a portion of the exterior of 28 as seen in figs 1-2, [0019]).
Regarding claim 20, Sigler, as modified, discloses the limitations of claim 11, as described above, and further discloses the first wall has a radial curvature (As shown in figs 1A-1B, first wall 14 has a radial curvature [0060]).
Claims 8-10, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sigler in view of Mackay in view of Stipe et al (US patent no. 6261031, hereinafter “Stipe”).
Regarding claim 8, Sigler, as modified, discloses the limitations of claim 1, as described above. However, Sigler fails to disclose one or more protruding members disposed at one or more side walls of the housing.
Stipe teaches one or more protruding members disposed at one or more side walls of the housing (protruding members defined as ribs 62 which are disposed at side panels 60 of the housing, col 4 lines 3-9 Figs 1-3 shown below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sanding block of Sigler with the protruding members of Stipe as to provide an additional gripping surface for the user’s fingers (col 4 lines 6-10 of Stipe). The protruding members of Stipe would be added to side panels 19 of Sigler or to finger grooves 17.
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Regarding claim 9, Sigler, as modified, discloses the limitations of claim 8, as described above, and further discloses a protruding member of the one or more protruding members has a substantially planar end (Stipe; ribs 62 have a substantially planar end at handle 40 as seen in Fig 3; note that substantially planar was interpreted as being aligned with a plane).
Regarding claim 10, Sigler, as modified, discloses the limitations of claim 8, as described above, and further discloses a protruding member of the one or more protruding members has a substantially tapered end (Stipe; ribs 62 have a substantially tapered end that extend towards mating surface 70 as seen in Fig 2; note that substantially tapered was interpreted as curving).
Regarding claim 17, Sigler, as modified, discloses the limitations of claim 11, as described above, and further discloses one or more protruding members disposed at one or more side walls of the housing (protruding members defined as ribs 62 which are disposed at side panels 60, col 4 lines 3-9 Figs 1-3).
Regarding claim 18, Sigler, as modified, discloses the limitations of claim 17, as described above, and further discloses a protruding member of the one or more protruding members has a substantially planar end (ribs 62 have a substantially planar end directly at handle 40 as seen in Fig 3; note that substantially planar was interpreted as being aligned with a plane).
Regarding claim 19, Sigler, as modified, discloses the limitations of claim 17, as described above, and further discloses a protruding member of the one or more protruding members has a substantially tapered end (ribs 62 have a substantially tapered end that extend towards mating surface 70 as seen in Fig 2; note that substantially tapered was interpreted as curving).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M LARSON whose telephone number is (571)272-2765. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
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/JOHN MICHAEL LARSON/Examiner, Art Unit 3723
/SIDNEY D FULL/Examiner, Art Unit 3723